A BILL to amend and reenact §49-6A-1, §49-6A-2, §49-6A-8 and
§49-6A-10 of the Code of West Virginia, 1931, as amended, all
relating to mandatory reporting of abuse and neglect of
children; adding promoting adult responsibility and prevention
to the purpose; adding certain persons to the mandatory
reporting list for all abuse or neglect of children; creating
a requirement that all adults report sexual abuse of children;
requiring law enforcement who receive a report of sexual abuse
to alert the Department of Health and Human Resources;
encouraging law-enforcement agencies to coordinate in
investigating a report; increasing the criminal penalties for
failure to report; creating a crime and criminal penalties for
all adults who fail to report sexual abuse of children; and
requiring and amending certain educational programs and
trainings.

Be it enacted by the Legislature of West Virginia:

That §49-6A-1, §49-6A-2, §49-6A-8 and §49-6A-10 of the Code of
West Virginia, 1931, as amended, be amended and reenacted, all to
read as follows:

ARTICLE 6A. REPORTS OF CHILDREN SUSPECTED TO BE ABUSED OR
NEGLECTED.

§49-6A-1. Purpose.

It is the purpose of this article, through the complete
reporting of child abuse and neglect, to protect the best interests
of the child, to offer protective services in order to prevent any
further harm to the child or any other children living in the home,
to stabilize the home environment, to preserve family life whenever
possible, to promote adult responsibility for protecting children
and to encourage cooperation among the states to prevent future
incidents of child abuse and neglect and in dealing with the
problems of child abuse and neglect.

49-6A-2. Persons mandated to report suspected abuse and neglect.

(a)When Any medical, dental or mental health professional,
Christian Science practitioner, religious healer, school teacher or
other school personnel, social service worker, child care or foster
care worker, emergency medical services personnel, peace officer or
law-enforcement official, humane officer, member of the clergy,
circuit court judge, family court judge, employee of the Division
of Juvenile Services, or magistrate, youth camp administrator or
counselor, employee, coach or volunteer of an entity that provides
organized activities for children, or commercial film or
photographic print processor who has reasonable cause to suspect
that a child is neglected or abused or observes the child being
subjected to conditions that are likely to result in abuse or
neglect such person shall immediately, and not more than
forty-eight hours after suspecting this abuse or neglect, report
the circumstances or cause a report to be made to the Department of
Health and Human Resources: Provided, That in any case where the
reporter believes that the child suffered serious physical abuse or
sexual abuse or sexual assault, the reporter shall also immediately
report, or cause a report to be made, to the State Police and any
law-enforcement agency having jurisdiction to investigate the
complaint: Provided, however, That any person required to report
under this article who is a member of the staff or volunteer of a
public or private institution, school, entity that provides
organized activities for children, facility or agency shall also
immediately notify the person in charge of suchthe institution,
school, entity that provides organized activities for children,
facility or agency, or a designated agent thereof, who shallmay
supplement the report or cause aan additional report to be made.

(b) Any person over the age of eighteen who has actual
knowledge of or observes any sexual abuse or sexual assault of a
child, shall immediately, and not more than forty-eight hours after
obtaining actual knowledge of or observing the sexual abuse or
sexual assault, report the circumstances or cause a report to be
made to the State Police or other law-enforcement agency having
jurisdiction to investigate the report. The law-enforcement agency
that receives a report under this subsection shall report the
allegations to the Department of Health and Human Resources and
coordinate with any other law-enforcement agency, as necessary to
investigate the report.

(c)However, Nothing in this article is intended to prevent
individuals from reporting suspected abuse or neglect on their own
behalf. In addition to those persons and officials specifically
required to report situations involving suspected abuse or neglect
of children, any other person may make a report if such person has
reasonable cause to suspect that a child has been abused or
neglected in a home or institution or observes the child being
subjected to conditions or circumstances that would reasonably
result in abuse or neglect.

§49-6A-8. Failure to report; penalty.

Any person, official or institution required by this article
to report a case involving a child known or suspected to be abused
or neglected, or required by section five of this article to
forward a copy of a report of serious injury, who knowingly fails
to do so or knowingly prevents another person acting reasonably
from doing so, shall beis guilty of a misdemeanor and, upon
conviction thereof, shall be confined in jail not more than tenthirty days or fined not more than $100$1,000, or both.

§49-6A-10. Educational programs.

Within available funding and as appropriate,Subject to
appropriation in the budget bill, the state department shall
conduct educational and training programs with the staff of the
state department,for persons required to report suspected abuse or
neglect, and the general public, as well as implement evidence-based programs that reduce incidents of child maltreatment
including sexual abuse. Training for persons require to report and
the general public shall include indicators of child abuse and
neglect, tactics used by sexual abusers, how and when to make a
report, and protective factors that prevent abuse and neglect in
order to promote adult responsibility for protecting children,
encourage maximum reporting of child abuse and neglect, and to
improve communication, cooperation and coordination among all
agencies involved in the identification, prevention and treatment
of the abuse and neglect of children.

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(NOTE: The purpose of this bill is to expand the list of those
required to report abuse and neglect of children, require all
persons to report sexual abuse of children, and increase the fine
for those who fail to report.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)